American charged with fighting for Al-Qaeda linked group in Syria

4/2/13 4:33 PM EDT

A former U.S. Army soldier accused of fighting in Syria as part of an Al-Qaeda linked group, Eric Harroun, made a brief appearance Tuesday in federal court in Alexandria, Va.

During the four-minute session, defense attorney Geremy Kamens asked Magistrate Ivan Davis to delay a bail hearing for Harroun for a short time in order to "narrow" any disagreements between the prosecution and defense.

Davis agreed to put the hearing off until Monday, but the judge initially seemed reluctant to continue the hearing. He asked what issues were germane at this point other than whether Harroun, 30, should be detained and whether there is probable cause to support the sole charge he faces right now: use of a weapon of mass destruction, namely a rocket-propelled grenade.

Harroun, clad in a steel-colored jail jumpsuit, spoke only briefly at the hearing to say he agreed to the delay.

Harroun was arrested last week after returning from a trip abroad in which he allegedly fought in Syria. An FBI agent's affidavit accompanying the criminal complaint against Harroun paints a complex picture of his involvement in the Syrian conflict. It alleges that he worked with both the Free Syrian Army, which the U.S. publicly supports, and the Al Nusra Front, which the U.S. has designated a terrorist group. Both groups are intent on ousting Syrian President Bashar Assad, which is something the U.S. has publicly endorsed.

How Harroun will be charged in a formal indictment expected soon is a tricky matter. In the past, Americans who allegedly plotted military attacks abroad have been charged under the Neutrality Act, a law with roots in the 18th Century which prohibits U.S. citizens from taking up arms against countries with which the U.S. is at peace. (Here's that law used in a plot against Cambodia's government and an alleged plot against Laos's government.)

That law could be tough or impossible to use in Harroun's case because U.S. support for opposition forces in Syria, especially military training the U.S. has arranged in Jordan, might undermine such a charge.

Adding another layer of complexity to the case: Harroun's father said last week that his son was working with the Central Intelligence Agency. "I know he was doing some work for the CIA over there," Darryl Harroun told KPHO-TV in Phoenix.

The criminal complaint against Harroun says Al-Nusra has claimed responsibility for "nearly 600 terrorist attacks in Syria." However, its unclear how those "terrorist attacks" might be distinguished from operations undertaken by armed groups backed by the U.S. It's also unclear what charges the U.S. would have filed against Harroun if he used small arms and fought alongside Al Nusra, which is also known as Al Qaeda in Iraq.

Harroun doesn't seem to have thought he was doing anything wrong. He posted numerous videos and messages about his fighting on Facebook and other websites. And the complaint says he discussed his activity with the FBI before he was arrested.

During Tuesday court session, there was no discussion of the substance of the charges. However, Kamens told Davis the case is unusual because the allegations pertain to Harroun's conduct "overseas."

"This is not a run-of-the-mill case," said Kamens. He suggested that the case involves sensitive information that lawyers can't discuss in normal channels.

Prosecutor Carter Burwell said the government did not object to the delay.